The Supreme Court of India on April 27, 2010 has given the go-ahead to Indian company Shingar Cosmetics Pvt Ltd to proceed against Australian-based Unilever Australasia plea in a trademark violation case filed in a Bangalore court.A bench headed by Justice Aftab Alam dismissed Unilever’s petition seeking stay on the proceedings in a trademark violation case filed by Shingar Cosmetics in October 2009 and alleging infringement by Unilever of its trademark ‘Instinct’.

Unilever had sought stay on the ground that it cannot be sued in India for trademark infringement as it does not manufacture, sell or transact its business here. Unilever asserted that it sells its products [...]

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